One can file a writ petition in the Supreme Court only when his fundamental or basic right is violated. One can file a petition under Article 32 of the Constitution of India by keeping in mind the following points-
- Every petition under Article 32 of the Constitution of India shall be in writing. A Division Court will hear it of at least five Judges provided that a petition which doesn't bring up a substantial question of law concerning the interpretation of the Constitution of India might be heard and chosen by a Division Court of not less than five Judges, and, during vacation, by the Vacation Judge sitting separately.
- All interlocutory and different applications associated with the petition under Article 32 of the Constitution of India, might be heard and decided by a Division Court of not less than five Judges, and, during vacation, by the Vacation Judge sitting independently, despite that in the petition a substantial question of law regarding the understanding or interpretation of the Constitution of India is raised.
- No Court-expenses will be payable on petitions for habeas corpus or different petitions under Article 32 of the Constitution of India emerging out of criminal procedures, or in procedures associated with such petitions.
- An affidavit will accompany a petition for a writ of habeas corpus by the individual restrained staling that the petition is made at his case and setting out the nature and conditions of the restraint.
- Provided that where the individual restrained can't inferable from the restriction to make the affidavit, the petition will be joined by a sworn statement to the like impact made by some other individual familiar with the facts, which will express the reason behind why the person restrained can't make the sworn statement. The petition will state whether the petitioner has moved the High Court concerned for comparative alleviation and provided that this is true, with what result.
- The petition will be posted under the watchful eye of the Court for the preliminary hearing. Suppose the Court is of the conclusion that an at prima facie case for granting the petition is made out. In that case, rule nisi will give calling upon the individual or person against whom the petition is looked for, to show up on a day to be named in that to show cause why such petition ought not to be made and at a similar lime to create in Court the body of the individual or persons alleged to be unlawfully or inappropriately kept without even a moment's pause to be managed by law.
- On the return day of such principle or rule or any day to which the hearing thereof might be adjourned, if no reason appears or if the cause is appeared and prohibited, the Court will pass an order that the individual or people inappropriately kept will be set at freedom. On the off chance that cause is appeared and permitted, the rule will be released. The order for discharge made by the Court will be an adequate warrant to any gaoler, public authority, or another individual for the release of the individual under restriction or restraint. In discarding any rule, the Court may in its discretion make such order full' costs as it might consider just.
- A petition for direction, or order, or writ containing writs like mandamus, prohibition, quo-warranto or certiorari shall set the name out and the description and details of the petitioner, the nature of the fundamental right that is infringed, the relief that a person wants or wishes to get sought and the grounds on which it is sought along with an affidavit verifying the facts to be relied on. The affidavit shall also mention the case history.
- The appeal will be posted under the watchful eye of the Court for preliminary hearing and orders concerning the issue of notice to the respondent. Upon the hearing, the Court, whenever fulfilled that no major right ensured by the Constitution of India has been infringed or that the petition is generally indefensible, will dismiss the petition and if not all that fulfilled, will guide a rule nisi to issue to the respondent calling upon him to show cause why the order looked for ought not to be made, and will dismiss the hearing for the respondent to show up and be heard.
- If the Court, on fundamental hearing, orders issue of show-cause notice to the respondent, he will be qualified to his objections inside 30 days from the date of receiving of such notification or not later than about fourteen days before the date appointed for the hearing, whichever be prior, except if coordinated in any case by the Court.
- After making the order for a rule nisi, the Court may, if it thinks fit, award such ad-interim relief to the petitioner as the justice of the case may require, upon such terms if any as it might think about just and appropriate.
- A PIL petition may be filled in 4 ways- as a Suo Moto petition in pursuance of the order of the Chief Justice or Judge of the Court, in pursuance of an order of the Chief Justice or a Judge nominated by the Chief Justice on a letter or representation, by order of the Court to treat a petition as a Public Interest Litigation Petition, by the presentation of a petition in the Court. These should disclose all his details, facts that may constitute the cause of action, nature of injury caused, whether the concerned Government Authority was moved for relief, file an affidavit stating that there is no personal gain, private motive or oblique reason in filing the Public Interest Litigation.
